Philip Rogers

RDT - not to be argumentative but PTSD rates 70% or 100%. There is no 80% rating for PTSD. You should be eligible for an "s" award. Also, as john999 stated, if you get the ED award, a "k" award goes w/it. The loss of motion I'd CUE, w/hopes of getting 10%, retro 42 yrs, and the same on the scars, depending on how large/painful they are. jmo pr

Yes, you should be and I believe they committed a CUE by not awarding it when they made the decision(s) that gave you those current ratings. You should be owed retro. pr

Yes, if you are TDIU you get 100% rate of pay. You can only get ChampVA, Chapter 35 educational benefits for spouse/children and waivered life ins premium, if you are P&T. I know of no dental for family. pr

I can't see that it would do any good, unless you just wanna see what your RO looks like. I can tell ya there will be a lot of VA employees on break. The office doors are locked to keep us vets out and to protect the employees from us terrible vets. pr

bigoc - first, you are correct, the stressor has nothing to do w/meds but you mentioned it your initial post and I was pointing out that stressor has no bearing on how bad your PTSD is, now. Whether you take meds should not have any bearing on your PTSD rating. They do usually state whether or not the claimant takes them, in the C&P report, and to me that could count against a claimant, as most claimants do better on meds, which could but shouldn't lower the rating. About the 100%, I have no problem w/a claimant working, and, in fact, suggest that they work as long as possible. I do object to someone rated TDIU or 100%, for PTSD, working. Many come here wanting to work after receiving a 100% award. They don't seem to realize that they are getting paid because they can't work and if they can they should give back the money.(jmo) I worked as a fulltime career level firefighter/EMT and feel the reason I was so good at my job was my military training and what I eventually came to know as PTSD. Good luck! pr

Sorry, jeff10, I thought they would be there. Hope tbird or one of the moderators will see this and update the list. pr

bigoc - being on meds is like using a prosthesis, you don't "have" to take meds or use the prosthesis, unless you want to. I'm 100%, for PTSD, over 20yrs, and have only used meds twice, for about 3 months, at a time. Once you're service connected, stressors don't mean anything. You should be able to get 50% while still working but I would doubt you could get it, while successfully working, w/a stressful job like firefighting. Since you're 90% already, it sounds like you're trying to get rated 100% and still work. Good luck on that! Watch that firefighting and PTSD, cuz it'll definitely have some stressors and work may not understand. jmo pr

Should be on Hadit.com's homepage. http://www.hadit.com/definitions.html pr

john999 - because my testosterone levels were low, they used a hypogonadism diagnosis to shoot down the "k" award. I got a "fair" but not great IMO, from my civilian urologist and submitted it, but kinda forgot about it since then, as I had a SMC case at the CAVC, I was more concerned about. I had been wondering what had happened to it and I guess that's what I just won. At least, the money is right, for that. Should know, tomorrow, for sure. pr

carlie - it is probably the "k" award, based on the amount. The 100+60 shouldn't take long tho, cuz I brought the info WAC-Vet75 gave me, down to the RO, while they were working on my claim/CUE, for that. Shouldn't be long, unless they deny. pr

Okay, I called the 800 number. It appears it's on a 2008 appeal, on a 2001 claim. The only thing I can think of was an ED claim for a "k" award, back then. That would be the correct approximate retro pay for a "k" award back to then. My forwarded mail should arrive tomorrow, so I should get the decision letter then. It was sent on 3/1/11. pr

I'm not sure what or why yet but it sure was a nice surprise. I've had 2 SMC claims/appeals pending and an old ED "k" claim. The amount is close to what the ED claim would bring, way more than the one SMC and way, way short on the other SMC claim. Guess I'll give them a call today. Thanks, all!! pr

As I see it the disabilities that are under appeal are "fluid," in that they may change and therefore can't be used when figuring TDIU. Once those are decided, they will come back into play. Whether this is "proper" is anyone's guess. I personally understand it but . . . . jmo pr

I've been w/o access to the internet for about 4 days. They just hooked it up, at my new location, in warm & sunny NC, and while checking it out, to confirm it's all installed correctly and running properly, I checked my bank acct and found an additional $10k+ in there, compliments of the VA. Must be I won one of my SMC claims. I won't know until the letter is forwarded but it sure was a great surprise!!!!!! Yeehaaaa!!!!!!!!!!!!!!!!! pr

I agree w/john! Also the new C&P could help, so I would go. Going to the BVA usually takes 2-3 yrs for any decision. jmo pr

An educated guess would be 30-90 days, from the date they receive it back from the BVA, probably closer to the 90 days, depending on their workload. Ratings will vary depending on how bad it affects your daily life. If you have direct deposit, watch your account as it usually shows up there, first, before you get the letter. jmo pr

deltaj - nice find - good links. Kudos to tbird for him providing a link to us, here! It says a lot for her and those who help others here. Pat ourselves on the back. pr

broncovet - It sounds like a simple CUE claim, to me. Facial scars are fairly specific and it would be literally impossible for the VA to misapply the sizes of the scars. If the VA first awarded 0% and a couple yrs later awards 30%, then it can't be a matter of opinion. He should enclose photos of the scars with his CUE claim. I've only done one CUE claim for scars and the claimant won 3.5 yrs retro for TDIU, up from a pension claimant. Around $72k retro. Photos really help. jmo pr

It is capped at 10% and if he's getting 20%, it's an error. pr

derrell - I would submit a claim for a clear and unmistakable error (CUE), advising them that the scars are the same as they were originally and that they should have been rated 30%, in the original decision. They gave you 30% because you requested an "increase." You should have submitted a CUE claim, then. Look up the description of 7800-Facial scars and enclose it with your CUE claim. jmo pr

A POA only allows someone else to act "as you, for you" but doesn't remove your ability to act for yourself. A fiduciary removes your ability to legally act for yourself and names a responsible party to act for you. Usually the VA doesn't want you to urinate your money away, due to drugs or alcohol, and requires a fiduciary to prevent this. Personally, I would fight it but the spouse can be named, if you desire. jmo pr

Bt40 - I agree w/carlie, it is not good. First, the VA believes all claimants lie. Second, you told them you were in constant pain. See first: the VA believes all claimants lie! According to the examiner's statement you weren't cooperating(probably due to pain - again, all claimants lie). Why not wait for a decision and then if not satisfied request another C&P? jmo pr

cojolio - I can't think of any way they could ever ban you from reopening a claim, w/new and material evidence. Actually, there is no legal way they could ban you from reopening a claim "w/new and material" evidence. If you lose the CUE, you cannot reopen the CUE issue, for the same reason. The choice is yours! pr

vet2010 - yup, you can work. Unless you are TDIU or have a psychiatric disability, that keeps you from working, you can work. Enjoy! pr

Yes, that is new evidence but you lose your original claim date, of 2 yrs ago. If you want to protect that old claim date you must prove there was a CUE. The VA saying there was no injury, when there was and they missed it, to me, would be a CUE and would carry 2 yrs retro money, when you win. It's up to you what you want to do. pr